Tag: Steward Butler

Ex-athlete Pleads Guilty in Attack on 2 Men He Saw Kissing

A former Marshall University football player has pleaded guilty to two battery charges in an attack on two men he saw kissing.

Steward Butler entered the plea to the misdemeanors Monday in Cabell County Circuit Court. His trial was scheduled to start Tuesday.

Sentencing is set for Sept. 25. He faces up to a year in jail on each count.

Butler was accused of punching the men and shouting homophobic slurs at them in Huntington in April 2015.

In May, the West Virginia Supreme Court on Tuesday upheld the dismissal of felony civil rights charges against Butler.

A circuit judge had ruled Butler could not be charged with a hate crime because it appeared that lawmakers intended to leave protections based on sexual orientation out of the law.

W.Va. Court Affirms Civil Rights Violation Dismissal

The West Virginia Supreme Court has upheld dismissal of felony civil rights charges against a former Marshall University football player accused in a 2015 attack on two men he saw kissing.

The justices voted 3-2 Tuesday to send the case of Steward Butler back to Cabell County Circuit Court for further disposition.

Circuit Judge Paul Farrell ruled last year that Butler could not be charged with a hate crime because it appeared that state lawmakers intended to leave protections based on sexual orientation out of the law.

The Supreme Court ruled that state code clearly defines sex as male or female, does not address sexual orientation and that lawmakers have rejected attempts to include sexual orientation since the law was enacted three decades ago.

State Supreme Court Hears Argument in a Hate Crime Case

The state’s Supreme Court has heard arguments on whether a former Marshall University football player should be charged with a hate crime under West Virginia law.

The court heard arguments Tuesday to determine if Steward Butler should be charged with a hate crime in connection with a 2015 attack on two men seen kissing.

Cabell County assistant prosecuting attorney Lauren Plymale argued in court that sexual-orientation discrimination should fall under the West Virginia code banning sex discrimination. She says Butler was enraged because of his own gender expectation that men shouldn’t kiss each other.

Elbert Lin, solicitor general for the state Attorney General’s Office, argued sexual orientation and sex are distinct concepts that have differing meanings.

A ruling is expected later this year.

Proescutor to Appeal in Stew Butler Case

A prosecutor says he’ll appeal a judge’s ruling that violence or violent threats based solely on a victim’s sexual orientation aren’t considered a hate crime under West Virginia law.

Cabell County Prosecutor Sean “Corky” Hammers told the AP he’ll appeal to the state Supreme Court.

Judge Paul Farrell’s decision Friday allows hate crime charges to be dropped against ex-Marshall University football player Steward Butler. He’s accused of assaulting two gay men after seeing them kiss on a city street in April 2015.

Farrell ruled that state lawmakers haven’t included sexual orientation protections in state law.

Butler pleaded not guilty to two counts of felony civil rights violations and two counts of misdemeanor battery.

The state Supreme Court previously declined to hear Farrell’s question whether protections extend to sexual orientation.

Judge to Address Hate-Crime Question in Case

A West Virginia judge says he plans to rule whether a former Marshall University football player accused of assaulting two gay men after he saw them kissing on a city street can be charged with a hate crime.

Cabell County Circuit Judge Paul Farrell is presiding in the case of Steward Butler. The 24-year-old Huntington resident has pleaded not guilty to felony civil rights violations and misdemeanor battery.

The state Supreme Court had declined to hear a request by Farrell on whether state civil rights code includes violent actions directed at another person based solely on the victim’s sexual orientation.

The Herald-Dispatch reports Farrell on Monday asked for written arguments from prosecutors and the defense by March 21, after which he will take 10 days to make a decision.

Ex-player at Center of West Virginia Case on Gay Rights

The West Virginia Supreme Court is being asked if a former Marshall University football player can be charged with violating the civil rights of two gay men he is accused of assaulting after he saw them kissing on a city street.

The Herald-Dispatch reports that the request is from Cabell County Circuit Court in the case of Steward Butler. The 24-year-old running back has pleaded not guilty to two counts of felony civil rights violations stemming from the alleged April incident.

The lower court is asking the justices whether the state’s civil rights code includes violent actions directed at another person based solely on sexual orientation.

Prosecutors contend the violation is based on the victim’s sex, not sexual orientation.

A tentative trial date of Jan. 26 has been scheduled.

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